United States: Environment

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Environmental law articles, insights, podcasts, videos and webinars from expert sources across the legal world. Explore insights covering topics such as clean air/pollution, climate change, environmental law and waste management.
Article
Rescinded, Required, Pending: Mapping U.S. Climate Disclosure Rules In 2026
As federal climate disclosure rules face rescission and state-level mandates remain largely stalled, California's SB 253 greenhouse gas reporting requirement stands as the sole advancing framework, creating a fragmented compliance landscape where multistate companies must navigate divergent regulatory trajectories. With the SEC's 2024 climate rules stayed and proposed for elimination, and California's Air Resources Board finalizing implementation mechanics for November 2026 reporting deadlines, the operatio
United States Environment
JD
Jones Day
Article
EPA’s Supplemental WOTUS Proposal: What Permit Applicants Should Know
On 9 September 2026, the Environmental Protection Agency (EPA) and the US Army Corps of Engineers published a supplemental proposal to revise the definition of “waters of the United States” (WOTUS) under the Clean Water Act.1 The supplemental proposal builds on the agencies’ November 2025 proposed rule and responds to the Supreme Court’s 2023 decision in Sackett v. EPA, which significantly narrowed the scope of waters subject to federal jurisdiction under the Clean Water Act and established a new framework for determining which waters fall within that jurisdiction.
United States Environment
KG
K&L Gates LLP
Article
EPA And Army Corps Reopen WOTUS Rulemaking: A Potentially Narrower Framework, But Continued Uncertainty For Permittees
The EPA and Army Corps have issued a supplemental proposal that would fundamentally reshape federal Clean Water Act jurisdiction by replacing the controversial "wet season" framework with a stricter "perennial water" standard. This alternative approach would require water features to flow continuously year-round under ordinary conditions, with limited exceptions for brief dry periods, potentially excluding vast areas—particularly in the arid West—from federal wetlands regulation.
United States Environment
AM
Allen Matkins Leck Gamble Mallory & Natsis
Article
Federal Court Holds New York’s Climate Superfund Law Preempted By CAA
A federal court has struck down New York's Climate Change Superfund Act, which sought to recover $75 billion from fossil fuel companies based on historical emissions. The ruling found the Act preempted by the Clean Air Act, marking the first judicial decision on state climate superfund legislation and establishing that EPA's rescission of the endangerment finding does not alter preemption analysis.
United States Environment
JD
Jones Day
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Environmental Law

Article
Rescinded, Required, Pending: Mapping U.S. Climate Disclosure Rules In 2026
As federal climate disclosure rules face rescission and state-level mandates remain largely stalled, California's SB 253 greenhouse gas reporting requirement stands as the sole advancing framework, creating a fragmented compliance landscape where multistate companies must navigate divergent regulatory trajectories. With the SEC's 2024 climate rules stayed and proposed for elimination, and California's Air Resources Board finalizing implementation mechanics for November 2026 reporting deadlines, the operatio
United States Environment
JD
Jones Day
Article
EPA’s Supplemental WOTUS Proposal: What Permit Applicants Should Know
On 9 September 2026, the Environmental Protection Agency (EPA) and the US Army Corps of Engineers published a supplemental proposal to revise the definition of “waters of the United States” (WOTUS) under the Clean Water Act.1 The supplemental proposal builds on the agencies’ November 2025 proposed rule and responds to the Supreme Court’s 2023 decision in Sackett v. EPA, which significantly narrowed the scope of waters subject to federal jurisdiction under the Clean Water Act and established a new framework for determining which waters fall within that jurisdiction.
United States Environment
KG
K&L Gates LLP
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Climate Change

Article
Federal Court Holds New York’s Climate Superfund Law Preempted By CAA
A federal court has struck down New York's Climate Change Superfund Act, which sought to recover $75 billion from fossil fuel companies based on historical emissions. The ruling found the Act preempted by the Clean Air Act, marking the first judicial decision on state climate superfund legislation and establishing that EPA's rescission of the endangerment finding does not alter preemption analysis.
United States Environment
JD
Jones Day
Article
CARB Opens SB 253 Reporting Intake: The Platform Provides More Than CARB's Guidance
California's Air Resources Board has opened its voluntary reporting platform for the first cycle of greenhouse gas emissions disclosure under SB 253, establishing November 10, 2026 as the deadline and clarifying that companies may submit existing reports rather than creating new CARB-specific documents. The guidance addresses critical implementation questions including consolidated reporting mechanics, fee assessment structures, and first-year enforcement discretion for entities without established data col
United States Environment
JD
Jones Day
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Clean Air / Pollution

Article
District Court Enjoins EPA From Reclassifying California’s Clean Air Act Waivers
A federal district court has preliminarily enjoined the EPA from reclassifying California's Clean Air Act preemption waiver orders as "rules" subject to the Congressional Review Act. The court found that EPA's reclassification likely violated the Administrative Procedure Act and exceeded the agency's authority, though the order does not prevent Congress from proceeding with pending disapproval resolutions.
United States Environment
AP
Arnold & Porter
Article
New Jersey Supreme Court To Review NJDEP's Environmental Justice Rules
The New Jersey Supreme Court will review key provisions of the state's Environmental Justice Rules, including their application to facilities in unpopulated areas adjacent to overburdened communities, the classification of existing facilities as "new," and the validity of stricter air pollution control standards. The case could reshape environmental permitting requirements and determine whether long-operating businesses face permit denial or merely additional conditions.
United States Environment
RD
Riker Danzig LLP
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Waste Management

Article
Comments Due: Vermont EPR For Household Hazardous Waste Program Plan Public Comment Period Closes September 10
Vermont's groundbreaking extended producer responsibility program for household hazardous products enters a critical phase as the state agency releases its draft implementation plan. With registration deadlines already in effect and new compliance requirements on the horizon, manufacturers of aerosols, cleaning products, motor oil containers, and similar consumer goods face significant operational and financial obligations. The draft plan outlines collection systems, municipal reimbursement formulas, and pr
United States Environment
BC
Bergeson & Campbell
Article
Oregon's Extended Producer Responsibility Law Upheld Following Constitutional Challenges In National Ass'n Of Wholesale Distributers v. Feldon
A federal court has issued the first ruling on the constitutionality of state extended producer responsibility laws, upholding Oregon's Plastic Pollution and Recycling Modernization Act against industry challenges. The decision addresses critical questions about whether EPR programs violate the Commerce Clause and Due Process protections, with implications for similar legislation in California, Colorado, and other states. Companies subject to Oregon's EPR regulations must continue complying with registratio
United States Environment
KG
K&L Gates LLP
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